HF 724

as introduced - 88th Legislature (2013 - 2014) Posted on 02/28/2013 12:52pm

A bill for an act
relating to public safety; providing that funds received for out-of-state offenders
incarcerated in Minnesota are appropriated to the Department of Corrections;
modifying certificates of compliance for public contracts; appropriating money
for public safety, judiciary, corrections, and human rights; amending Minnesota
Statutes 2012, sections 161.20, subdivision 3; 243.51, subdivisions 1, 3;
363A.36, subdivisions 1, 2; repealing Minnesota Statutes 2012, section 243.51,
subdivision 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. SUMMARY OF APPROPRIATIONS.

The amounts shown in this section summarize direct appropriations, by fund, made
in this article.

		2014		2015		Total
General	$	945,562,000	$	965,947,000	$	1,911,509,000
State Government Special Revenue		59,241,000		63,742,000		122,983,000
Environmental		69,000		69,000		138,000
Special Revenue		19,582,000		19,582,000		39,164,000
Trunk Highway		2,266,000		2,266,000		4,532,000
Total	$	1,026,720,000	$	1,051,606,000	$	2,078,326,000

Sec. 2. PUBLIC SAFETY APPROPRIATIONS.

The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2014" and "2015" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2014, or
June 30, 2015, respectively. "The first year" is fiscal year 2014. "The second year" is fiscal
year 2015. "The biennium" is fiscal years 2014 and 2015. Appropriations for the fiscal
year ending June 30, 2013, are effective the day following final enactment.

			APPROPRIATIONS
			Available for the Year
			Ending June 30
				2014		2015

Sec. 3. SUPREME COURT

Subdivision 1. Total Appropriation

$

43,148,000

$

44,055,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2. Supreme Court Operations

31,632,000

32,539,000

Subd. 3. Civil Legal Services

11,516,000

11,516,000

Sec. 4. COURT OF APPEALS

$

10,641,000

$

11,023,000

Sec. 5. TRIAL COURTS

$

246,584,000

$

256,241,000

Sec. 6. GUARDIAN AD LITEM BOARD

$

12,414,000

$

12,756,000

Sec. 7. TAX COURT

$

986,000

$

986,000

Sec. 8. UNIFORM LAWS COMMISSION

$

49,000

$

49,000

Sec. 9. BOARD ON JUDICIAL STANDARDS

$

756,000

$

456,000

(a) $300,000 the first year is for deficiencies
occurring in fiscal year 2013. This
appropriation is available for expenditure the
day following final enactment.

(b) $125,000 each year is for special
investigative and hearing costs for major
disciplinary actions undertaken by the
board. This appropriation does not cancel.
Any encumbered and unspent balances
remain available for these expenditures in
subsequent fiscal years.

Sec. 10. BOARD OF PUBLIC DEFENSE

$

68,798,000

$

71,749,000

Sec. 11. PUBLIC SAFETY

Subdivision 1. Total Appropriation

$

155,681,000

$

160,211,000

Appropriations by Fund
	2014	2015
General	78,293,000	78,322,000
Special Revenue	15,812,000	15,812,000
State Government Special Revenue	59,241,000	63,742,000
Environmental	69,000	69,000
Trunk Highway	2,266,000	2,266,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2. Emergency Management

3,079,000

3,029,000

Appropriations by Fund
General	2,406,000	2,356,000
Special Revenue	604,000	604,000
Environmental	69,000	69,000

Hazmat and Chemical Assessment Teams

$604,000 each year is appropriated from the
fire safety account in the special revenue
fund. These amounts must be used to
fund the hazardous materials and chemical
assessment teams.

School Safety

$555,000 the first year and $505,000 the
second year from the general fund are to
reinstate the school safety center and to
provide for school safety.

Subd. 3. Criminal Apprehension

48,618,000

48,697,000

Appropriations by Fund
General	41,345,000	41,424,000
State Government Special Revenue	7,000	7,000
Trunk Highway	2,266,000	2,266,000
Special Revenue	5,000,000	5,000,000

DWI Lab Analysis; Trunk Highway Fund

$1,941,000 each year is from the trunk
highway fund for laboratory analysis related
to driving-while-impaired cases.

Criminal History System

$80,000 the first year and $80,000 the
second year from the general fund and
$4,000,000 the first year and $4,000,000
the second year from the vehicle services
special revenue account are to replace the
state criminal history system. This is a
onetime appropriation and is available until
expended. Of this amount, $4,080,000 the
first year and $4,080,000 the second year
are for a onetime transfer to the Office of
Enterprise Technology for start-up costs.
The commissioner shall enter a service level
agreement with the Office of Enterprise
Technology specifying the obligations and
responsibilities of each party. Payments shall
be made under the rates and mechanism
specified in that agreement. Ongoing
operating and support costs for this system
shall be identified and incorporated into
future service level agreements.

Criminal Reporting System

$360,000 the first year and $360,000
the second year from the general fund;
$1,000,000 the first year and $170,000
the second year from the vehicle services
special revenue account; and $830,000
the second year from the driver services
special revenue account are to replace the
state's crime reporting system. This is a
onetime appropriation and is available until
expended. Of these amounts, $1,360,000
the first year and $1,360,000 the second
year are for a onetime transfer to the Office
of Enterprise Technology for start-up costs.
The commissioner shall enter a service level
agreement with the Office of Enterprise
Technology specifying the obligations and
responsibilities of each party. Payments shall
be made under the rates and mechanism
specified in that agreement. Ongoing
operating and support costs for this system
shall be identified and incorporated into
future service level agreements.

Forensic Laboratory

$125,000 the first year and $125,000 the
second year from the general fund and
$125,000 the first year and $125,000 the
second year from the trunk highway fund to
replace forensic laboratory equipment at the
Bureau of Criminal Apprehension.

$200,000 the first year and $200,000 the
second year from the general fund and
$200,000 the first year and $200,000 the
second year from the trunk highway fund to
improve forensic laboratory staffing at the
Bureau of Criminal Apprehension.

Livescan Fingerprinting

$310,000 the first year and $389,000 the
second year from the general fund are to
maintain Livescan fingerprinting machines.

Subd. 4. Fire Marshal

9,555,000

9,555,000

This appropriation is from the fire safety
account in the special revenue fund and is for
activities under Minnesota Statutes, section
299F.012.

Of this amount: (1) $7,187,000 each year
is for activities under Minnesota Statutes,
section 299F.012; and (2) $2,368,000 the first
year and $2,368,000 the second year are for
transfers to the general fund under Minnesota
Statutes, section 297I.06, subdivision 3.

Subd. 5. Alcohol and Gambling Enforcement

2,235,000

2,235,000

Appropriations by Fund
General	1,582,000	1,582,000
Special Revenue	653,000	653,000

This appropriation is from the alcohol
enforcement account in the special revenue
fund. Of this appropriation, $500,000 each
year shall be transferred to the general fund.

Subd. 6. Office of Justice Programs

33,056,000

33,056,000

Appropriations by Fund
General	32,960,000	32,960,000
State Government Special Revenue	96,000	96,000

Administration Costs

Up to 2.5 percent of the grant funds
appropriated in this subdivision may be used
to administer the grant program.

Subd. 7. Emergency Communication Networks

59,138,000

63,639,000

This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services.

(a) Public Safety Answering Points

$13,664,000 each year is to be distributed
as provided in Minnesota Statutes, section
403.113, subdivision 2.

(b) Medical Resource Communication Centers

$683,000 each year is for grants to the
Minnesota Emergency Medical Services
Regulatory Board for the Metro East
and Metro West Medical Resource
Communication Centers that were in
operation before January 1, 2000.

(c) ARMER Debt Service

$23,261,000 each year is to the commissioner
of management and budget to pay debt
service on revenue bonds issued under
Minnesota Statutes, section 403.275.

Any portion of this appropriation not needed
to pay debt service in a fiscal year may be
used by the commissioner of public safety to
pay cash for any of the capital improvements
for which bond proceeds were appropriated
by Laws 2005, chapter 136, article 1, section
9, subdivision 8; or Laws 2007, chapter 54,
article 1, section 10, subdivision 8.

(d) ARMER State Backbone Operating Costs

$9,250,000 the first year and $9,650,00 the
second year are to the commissioner of
transportation for costs of maintaining and
operating the first and third phases of the
statewide radio system backbone.

(e) ARMER Improvements

$1,000,000 each year is for the Statewide
Radio Board for costs of design, construction,
maintenance of, and improvements to those
elements of the statewide public safety
radio and communication system that
support mutual aid communications and
emergency medical services or provide
interim enhancement of public safety
communication interoperability in those
areas of the state where the statewide public
safety radio and communication system is
not yet implemented.

Sec. 12. PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD

$

3,770,000

$

3,770,000

(a) Excess Amounts Transferred

This appropriation is from the peace officer
training account in the special revenue fund.
Any new receipts credited to that account in
the first year in excess of $3,770,000 must be
transferred and credited to the general fund.
Any new receipts credited to that account in
the second year in excess of $3,770,000 must
be transferred and credited to the general
fund.

(b) Peace Officer Training
Reimbursements

$2,634,000 each year is for reimbursements
to local governments for peace officer
training costs.

Sec. 13. PRIVATE DETECTIVE BOARD

$

120,000

$

120,000

Sec. 14. HUMAN RIGHTS

$

3,297,000

$

3,297,000

$129,000 each year is for increased
compliance activities.

Sec. 15. DEPARTMENT OF CORRECTIONS

Subdivision 1. Total Appropriation

$

479,590,000

$

486,307,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2. Correctional Institutions

344,394,000

350,316,000

Subd. 3. Community Services

112,953,000

113,479,000

Subd. 4. Operations Support

22,243,000

22,512,000

Sec. 16. SENTENCING GUIDELINES

$

886,000

$

586,000

$300,000 in fiscal year 2014 is appropriated
to the Minnesota Sentencing Guidelines
Commission for transfer to the Office of
Enterprise Technology for an electronic
sentencing worksheet system. This is a
onetime appropriation and is available
until expended. Any ongoing information
technology support or costs for this
application shall be incorporated into the
service-level agreement and shall be paid to
the Office of Enterprise Technology.

Sec. 17.

Minnesota Statutes 2012, section 161.20, subdivision 3, is amended to read:

Subd. 3.

Trunk highway fund appropriations.

The commissioner may expend
trunk highway funds only for trunk highway purposes. Payment of expenses related
to Bureau of Criminal Apprehension laboratory, Explore Minnesota Tourism kiosks,
Minnesota Safety Council, tort claims, driver education programs, Emergency Medical
Services Board, Mississippi River Parkway Commission, and personnel costs incurred on
behalf of the Governor's Office do not further a highway purpose and do not aid in the
construction, improvement, or maintenance of the highway system.

Sec. 18.

Minnesota Statutes 2012, section 243.51, subdivision 1, is amended to read:

Subdivision 1.

Contracting with other states and federal government.

The
commissioner of corrections is hereby authorized to contract with agencies and bureaus of
the United States and with the proper officials of other states or a county of this state for
the custody, care, subsistence, education, treatment and training of persons convicted of
criminal offenses constituting felonies in the courts of this state, the United States, or other
states of the United States. Such The contracts shall provide for reimbursing the state of
Minnesota for all costs or other expenses involved, and, to the extent possible, require
payment to the Department of Corrections of a per diem amount that is substantially equal
to or greater than the per diem for the cost of housing Minnesota inmates at the same
facility. This per diem cost shall be based on the assumption that the facility is at or
near capacity. Funds received under the contracts shall be deposited in the state treasury
and are appropriated to the commissioner of corrections for correctional purposes. Any
prisoner transferred to the state of Minnesota pursuant to this subdivision shall be subject
to the terms and conditions of the prisoner's original sentence as if the prisoner were
serving the same within the confines of the state in which the conviction and sentence was
had or in the custody of the United States. Nothing herein shall deprive such the inmate of
the right to parole or the rights to legal process in the courts of this state.

Sec. 19.

Minnesota Statutes 2012, section 243.51, subdivision 3, is amended to read:

Subd. 3.

Temporary detention.

The commissioner of corrections is authorized to
contract with agencies and bureaus of the United States and with the appropriate officials
of any other state or county of this state for the temporary detention of any person in
custody pursuant to any process issued under the authority of the United States, other
states of the United States, or the district courts of this state. The contract shall provide for
reimbursement to the state of Minnesota for all costs and expenses involved, and, to the
extent possible, require payment to the Department of Corrections of a per diem amount
that is substantially equal to or greater than the per diem for the cost of housing Minnesota
inmates at the same facility. This per diem cost shall be based on the assumption that the
facility is at or near capacity. Funds received under the contracts shall be deposited in the
state treasury and are appropriated to the commissioner of corrections for correctional
purposes.

Sec. 20.

Minnesota Statutes 2012, section 363A.36, subdivision 1, is amended to read:

Subdivision 1.

Scope of application.

(a) For all contracts for goods and services in
excess of $100,000, no department or agency of the state shall accept any bid or proposal
for a contract or agreement from any business having more than 40 full-time employees
within this state on a single working day during the previous 12 months, unless the
commissioner is in receipt of the business' affirmative action plan for the employment of
minority persons, women, and qualified disabled individuals. No department or agency of
the state shall execute any such contract or agreement until the affirmative action plan
has been approved by the commissioner. Receipt of a certificate of compliance issued by
the commissioner shall signify that a firm or business has an affirmative action plan that
has been approved by the commissioner. A certificate shall be valid for a period of two
four years. A municipality as defined in section 466.01, subdivision 1, that receives state
money for any reason is encouraged to prepare and implement an affirmative action plan
for the employment of minority persons, women, and the qualified disabled and submit the
plan to the commissioner.

(b) This paragraph applies to a contract for goods or services in excess of $100,000
to be entered into between a department or agency of the state and a business that is
not subject to paragraph (a), but that has more than 40 full-time employees on a single
working day during the previous 12 months in the state where the business has its primary
place of business. A department or agency of the state may not execute a contract or
agreement with a business covered by this paragraph unless the business has a certificate
of compliance issued by the commissioner under paragraph (a) or the business certifies
that it is in compliance with federal affirmative action requirements.

(c) This section does not apply to contracts entered into by the State Board of
Investment for investment options under section 352.965, subdivision 4.

Sec. 21.

Minnesota Statutes 2012, section 363A.36, subdivision 2, is amended to read:

Subd. 2.

Filing fee; account; appropriation.

The commissioner shall collect
a $75 $150 fee for each certificate of compliance issued by the commissioner or the
commissioner's designated agent. The proceeds of the fee must be deposited in a
human rights fee special revenue account. Money in the account is appropriated to the
commissioner to fund the cost of issuing certificates and investigating grievances.

Sec. 22. REPEALER.

Minnesota Statutes 2012, section 243.51, subdivision 5, is repealed.